Land Court Rules 2022
sec.32Discontinuance
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sec.32 Discontinuance
A proceeding or part of a proceeding, other than a recommendatory proceeding, may, at any time, be discontinued— by the applicant or the appellant; or if all parties to the proceeding agree to the discontinuance. An applicant or appellant may discontinue a proceeding or part of a proceeding against 1 or more respondents without discontinuing against other respondents. To discontinue a proceeding or part of a proceeding the applicant or appellant must— file a notice in the approved form; and as soon as practicable after filing the notice, serve the notice on the other parties to the proceeding; and for a discontinuance to which the parties agree—ensure the respondent signs the notice before it is filed. (sec.32-ssec.1) A proceeding or part of a proceeding, other than a recommendatory proceeding, may, at any time, be discontinued— by the applicant or the appellant; or if all parties to the proceeding agree to the discontinuance. (sec.32-ssec.2) An applicant or appellant may discontinue a proceeding or part of a proceeding against 1 or more respondents without discontinuing against other respondents. (sec.32-ssec.3) To discontinue a proceeding or part of a proceeding the applicant or appellant must— file a notice in the approved form; and as soon as practicable after filing the notice, serve the notice on the other parties to the proceeding; and for a discontinuance to which the parties agree—ensure the respondent signs the notice before it is filed.
- (a) by the applicant or the appellant; or
- (b) if all parties to the proceeding agree to the discontinuance.
- (a) file a notice in the approved form; and
- (b) as soon as practicable after filing the notice, serve the notice on the other parties to the proceeding; and
- (c) for a discontinuance to which the parties agree—ensure the respondent signs the notice before it is filed.